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Poster: suusn Date: Nov 29, 2012 6:54am
Forum: texts Subject: No info about copyright ?

Hello,

I was wondering if a book always is copyrighted if it does not say in the details :
Possible copyright status: NOT_IN_COPYRIGHT

When that line is not in the details does that always mean that it is in copyright, or is it possible that it is just not known.
Sometimes I see books that are hundreds of years old and most of the time books that old are not in copyright anymore, but then I look in the details and it doesn't say that it's not in copyright.

I hope you understand what I'm asking, I don't speak English very well so it can be hard sometimes to explain something :)

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Poster: Parsnip Date: Nov 29, 2012 12:45pm
Forum: texts Subject: Re: No info about copyright ?

Bear in mind that where it says "Possible copyright status: NOT_IN_COPYRIGHT" this refers to the USA, where all the Internet Archive servers are based. It does not necessarily mean "not in copyright" all over the world. Depending on where you live, your copyright laws will probably depend on the date of the author's death, and you have to decide yourself whether it is legal for you to download them.

Also, sometimes you will see new editions of books that were written hundreds of years ago, and these new editions may have a new copyright on them if there is new material (like an introduction, for instance) in them.

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Poster: garthus1 Date: Nov 29, 2012 1:14pm
Forum: texts Subject: Re: No info about copyright ?

Parsnip,

Good points, but the copyright then only applies to the new material, I can literally scan all the contents of a Dover book and remove any of the annotations by the publisher and have a Public Domain copy. Libraries in particular are guilty of these shenanigans. They scan donated items for their digital collections and think that they can copyright the digital images. This is not the case, digitizing is only reformatting and that does not fall under the copyright when related to a derivative work. I worked in a library consortium for over 10 years and saw many libraries try to pull this crap. In the end the lawyers agreed, they could put their copyright on a digital image, but they were only copyrighting the stuff they wrote and the meta-data created for that image. I can legally take the image (and have done this many times), remove the watermark and security; and like magic, it becomes Public Domain. One just has to carefully read the statutes to understand this. If you check on the Archive, I have begun putting up Sams Photofacts:

http://archive.org/search.php?query=sams%20garthus

I had a 'go-round' with them and their lawyers had to finally admit that just because they were selling copies of their out-of-copyright materials (thousands of pages between 1946 and 1963, which the forgot to renew copyright on), their claim to copyright was really invalid since the had never filed to renew the copyright on any of these materials. Hopefully the Archive will continue scanning the rest of the complete collection I sent them (over 8,000 pages). Same thing with the John Deere stuff that I put up:

http://archive.org/search.php?query=john%20deere%20garthus&;sort=-downloads

But John Deere never gave me a hard time, in fact some people contacted me because I had posted items which John Deere did not even have in their collection.

This is why it is critical that we get this stuff up as fast as is possible before our corrupt elected officials decide to change the rules. Just looking at the downloads,it is obvious that there is interest in these materials and they should be available in digital format Also I usually give a more complete statement about the copyright status of an item including the statute which it may fall under so others can more easily verify my research.

Gerry

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Poster: Parsnip Date: Nov 30, 2012 2:44pm
Forum: texts Subject: Re: No info about copyright ?

I couldn't agree more, Gerry. I shall (if spared ;)) be watching with interest from over the pond to see what they will try to pull as the 1923 stuff approaches the eventual expiry of its copyright.

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Poster: garthus1 Date: Nov 29, 2012 7:15am
Forum: texts Subject: Re: No info about copyright ?

Suusn,

In the United States any book dated 1923 or older is in the Public Domain. After that there are rules which govern that status, eg. whether the book was ever copyrighted, renewed, etc. .... Also it depends upon the year of publication since all books published after March 1989 are automatically copyrighted. The law in this country is so convoluted that status can be difficult to determine in some cases. After 1989 the term is ridiculous and in many cases conflicts with the creative process. In essence it is all about the large publishers and production companies paying off our elected officials in the United States to give them tremendous economic benefit concerning copyright issues. Fortunately a great majority of the materials created before 1989 are really in the Public Domain and while there have been recent attempts to change that; some of us have rushed to digitize those works and place them in the Public Domain. All the items which I post are in the Public Domain, there was a question about one item, but that was a grey area and if you look at the statutes carefully there is some conflict within the text itself. Basically, if I know that something has a copyright I will not post it, if it is a grey area I will and then if there is a complaint I will look into it. That is what the so-called 'orphan books' status is about. A good assumption can be that a great number of items posted on the Archive are in the Public Domain; if any copyright violation appears it is dealt with quickly, at least that is what I have seen. There are ways to check status in government databases, you can find them on-line. If you need more information I can provide the links or you can do a web search.

Gerry